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2024 (10) TMI 750 - HC - Income TaxRectification u/s 154 - applicability of the provisions of Section 40(a)(ia) of the Act regarding to the non-deduction of tax at source to the labour charges - debatable issue - HELD THAT - We are of the considered opinion that keeping in view the the observations of the Apex Court made in Mepco Industries Ltd. Case 2009 (11) TMI 24 - SUPREME COURT pertaining to the power u/s 154 and the fact that the rectification was not permissible on a debatable issue, the concurrent findings which have been recorded as such are not liable to be disturbed. It is also to be noticed that initially the appeal was dismissed on 18.07.2018 on the ground that the it is covered by the circular No.03/2018 dated 11.07.2018 and in view of low tax effect. Revenue thereafter, filed the application and got the appeal restored on 27.09.2019, claiming that the case would fall under the exceptions in para No.10 of the Circular No.3/2018 dated 11.07.2018. The matter is again been heard on merits. Keeping in view the above discussions, we are of the considered opinion that the view which has been taken by the Tribunal is a plausible view in view of provisions of Section 40(a)(ia) of the Act being a subject matter of debate as such regarding the deduction. The attempt made by the revenue to submit that the substantial question of law arises is misplaced - Appeal dismissed.
Issues:
Appeal under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal for the assessment year 2006-07. Dismissal of appeal based on the applicability of Section 40(a)(ia) regarding non-deduction of tax at source to labor charges. Disputed tax effect of Rs. 22,73,715/- due to non-deduction of TDS on labor charges. Commissioner of Income Tax's decision on the deductibility of tax at source. Interpretation of the term "payable" in relation to TDS liability. Application of Section 154 for rectification on a debatable issue. Restoration of appeal based on Circular No. 03/2018 exceptions. Plausibility of the Tribunal's view on Section 40(a)(ia) and dismissal of the appeal. Analysis: The judgment pertains to an appeal under Section 260-A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate Tribunal for the assessment year 2006-07. The Tribunal had dismissed the appeal filed by the Revenue against the order of the Commissioner of Income Tax (Appeals) based on the applicability of Section 40(a)(ia) regarding non-deduction of tax at source to labor charges. The Tribunal's reasoning was influenced by the decision of the Special Bench of Vishakhapatnam Tribunal, which was subsequently set aside by the Gujarat High Court and the Calcutta High Court. The issue revolved around the debatable nature of the applicability of Section 40(a)(ia) to labor charges. The tax effect in question was Rs. 22,73,715/-, resulting from the non-deduction of TDS on labor charges as per the Assessing Officer's observation during the assessment. The Commissioner of Income Tax found the matter to be debatable and not a mistake apparent from the record, leading to a partial allowance of the appeal. The term "payable" in relation to TDS liability was a key point of discussion, with reference made to various judgments covering the evolving legal landscape on the subject. The High Court, after considering the Apex Court's observations on the power under Section 154 and the non-permissibility of rectification on debatable issues, upheld the concurrent findings of the lower authorities. The appeal had initially been dismissed based on a circular but was restored later, leading to a re-hearing on merits. The Court ultimately found the Tribunal's view on Section 40(a)(ia) to be plausible, given the debate surrounding the deduction issue, and dismissed the appeal. The judgment underscores the complexity of tax deduction issues and the evolving legal interpretations in such matters.
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